- 1 - NC: 2025:KHC-D:6985 CRL.P No. 101630 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO.101630 OF 2025 BETWEEN: 1. SRI. ARUN @ ARUNKUMAR S/O. PARASAPPA @ PARASHURAM BELADADI, AGE: 30 YEARS, OCC: AGRICULTURE, R/O: GADAG, GANGAPUR, DIST: GADAG – 581 117. 2. SRI. SHIVASHANKAR @ SHANKAR S/O. RAJASHEKHAR YAKALASPUR, AGE: 23 YEARS, OCC: TILES PLACING WORK, R/O: NEAR OKKALAGERI BHOOMA FINANCES, GADAG, DIST: GADAG - PIN 581 117. 3. SRI. SURESH S/O. PARASAPPA @ PARASHURAM BELADADI, AGE: 26 YEARS, OCC: AGRICULTURE, R/O: GADAG, GANGAPUR, DIST: GADAG, PIN: 581 117. 4. SRI. IESTRI RAVI @ RAVI S/O. YALLAPPA MADIWALAR, AGE: 29 YEARS, OCC: IESTRI SHOP, R/O: NEAR VEERANARAYAN TEMPLE, GADAG, GANGAPUR, DIST: GADAG, PIN – 581 117. 5. SRI. MANJUNATH @ MANJU @ GIRMIT MANJU S/O. MAHANTESH KUMBAR, AGE: 21 YEARS, OCC: TEA SHOP, R/O: GADAG, GANGAPURPET, DIS: GADAG, PIN 581 117. 6. SRI. SHIVU S/O. CHIDANANDAPPA HADAPAD, AGE: 20 YEARS, Digitally signed by YASHAVANT NARAYANKAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:6985 CRL.P No. 101630 of 2025 OCC: LABOUR WORK AT TAYOA CO, BENGALURU, R/O: DASOR ONI, GADAG, DIST: GADAG, PIN: 581 117. …PETITIONERS (BY SRI. PRAVEEN KUMAR G., ADVOCATE FOR SRI. ANAND R. KOLLI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENT BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD, THROUGH GADAG RURAL POLICE STATION, DIST: GADAG – 581 117. 2. SRI. BASAVARAJ S/O. HANUMANTHAPPA KURTAKOTI, AGE: 26 YEARS, OCC: DRIVER, R/O: GADAG KHANETOTA NAGALINGA NAGAR, DIST: GADAG – 581 117. …RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1; V/O DATED 28.04.2025 NOTICE TO R2 IS DISPENSED WITH) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (528 OF BNSS) SEEKING TO SET-ASIDE THE IMPUGNED ORDER DATED 15.03.2025 IN SPL.C. (SC/ST) NO.4/2017 PENDING ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE GADAG, OFFENCES PUNISHABLE UNDER SECTIONS 120(b), 323, 324, 143, 147, 148, 307, 504 AND 506 READ WITH 149 OF IPC AND SECTIONS 3(1)(r), 3(1)(s), (2)(va) OF SC/ST ACT IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR - 3 - NC: 2025:KHC-D:6985 CRL.P No. 101630 of 2025 ORAL ORDER This petition is filed under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the ‘Cr.P.C.’, for short) and Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, by accused Nos.1, 2, 4, 5, 8 and 10 praying to set aside the order dated 15.03.2025 passed in Spl.Case (SC/ST) No.4/2017 by the learned Additional District and Sessions Judge, Gadag. 2. Heard the learned counsel for the petitioners and the learned Additional Government Advocate for respondent No.1/State. 3. The petitioners are facing trial in Spl.Case (SC/ST) No.4/2017 for offence under Sections 143, 147, 148, 307, 504, 506, 149 read with Section 120B of the Indian Penal Code (hereinafter referred to as the ‘IPC’, for short) and Sections 3(1)(r), (s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The petitioners filed an application under Section 311 of Cr.P.C. to recall PW.12 for further - 4 - NC: 2025:KHC-D:6985 CRL.P No. 101630 of 2025 cross-examination and it came to be dismissed by the impugned order dated 15.03.2025 which is challenged in this petition. 4. PW.12 is investigation officer. PW.12 has been examined in chief on 08.02.2023. On 10.01.2024, when the case has been posted for cross-examination of PW.12, the counsel for accused persons sought adjournment and cross-examination has been taken as nil. The accused persons filed application under Section 311 of Cr.P.C seeking recall of PW.12 and it came to be allowed on 27.11.2024. Thereafter, PW.12 was cross-examined in part on 11.12.2024 and 10.01.2025. PW.12 was absent on 29.01.2025. PW.12 was again cross-examined on 12.02.2025. On 28.02.2025, when case has been posted for further cross-examination of PW.12, the counsel for accused persons sought time and rejecting the same, cross-examination of PW.12 has been taken as nil. Thereafter, the counsel for the accused filed application under Section 311 of Cr.P.C and it has been rejected by - 5 - NC: 2025:KHC-D:6985 CRL.P No. 101630 of 2025 order dated 15.03.2023 which is challenging in this petition. 5. While rejecting the said application, the trial Court has observed as under: “10. Undisputed facts in this case are that this case is pending from 2017. It is also not in dispute that recording evidence of the prosecution side witnesses get concluded. It is also not in disputed that advocate for accused failed to cross-examine PW.12 when he was present before the court to tender himself for cross-examination. It is true that just to prolong the proceedings and to delay the disposal of the case, lengthy cross examination of the witnesses already made by the advocate for accused and nothing left out. Already examination of all prosecution side witness get closed. As there is no merit in the aforesaid application, it deserves to be dismissed.” 6. On perusal of the ordersheet, the counsel for accused persons cross-examined PW.12 in part on 11.12.2024 and 10.01.2025. The counsel for accused cross-examined PW.12 whenever he was kept present. On perusal of paragraph No.10 of the impugned order as - 6 - NC: 2025:KHC-D:6985 CRL.P No. 101630 of 2025 extracted above, it is clear that the trial Court has observed and the witnesses have been cross-examined and nothing is left out. The said observation of the trial Court has no basis. PW.12 is a material witness since he is an investigation officer. Merely because, case is of the year 2017, the accused persons cannot be deprived of right of cross-examination of PW.12. Considering the above aspects, the trail Court ought to have allowed the application filed by the petitioners under Section 311 of Cr.P.C seeking recall of PW.12 on payment of the cost payable to the accused. The petitioners have made out a case for setting aside the impugned order and allowing the application filed under Section 311 of Cr.P.C seeking recall of PW.12 for further cross-examination. 7. In the result, the following: ORDER i. The petition is allowed. ii. The impugned order dated 15.03.2025 passed in Spl.C.(SC/ST) No.4/2017 by - 7 - NC: 2025:KHC-D:6985 CRL.P No. 101630 of 2025 the Additional District and Sessions Judge, Gadag is set-aside. iii. The application filed by the petitioners under Section 311 of Cr.P.C. seeking recall of PW-12 for further cross- examination is allowed subject to payment of cost of Rs.3,000/- payable to PW.12. iv. The petitioners shall cross-examine PW.12 in full on the date fixed by the trial Court without seeking adjournment. v. The petitioners shall deposit the cost and thereafter trial Court shall secure the presence of PW.12 for further cross- examination. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KMV,RKM CT-ASC List No.: 1 Sl No.: 24